The High Court disposed of a miscellaneous appeal filed by challenging the jurisdiction of the High Court regarding a suit valued at Rs. 3 lacs, permitting withdrawal with liberty to approach the competent court.
The appeal was disposed of as withdrawn with permission to move before the District Judge within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.875 of 2017
======================================================
Geeta Devi, wife of Ram Awadhesh Dubey, Resident of village Amarhi, P.S. Rajpur, District Rohtas
... ... Appellant/s
Versus
… Defendant/Respondent 1st Set
All are son of Late Suresh Tiwari, All are resident of village Rajpur, P.O. Rajpur, P.S. Rajpur, District Rohtas
9.Durga Devi wife of Vivek Chaubey, resident of village Chautha Kothra, P.S. Makar, P.S. Agrer, District Rohtas
……. Defendants/ Respondent 2nd set - Respondents
====================================================== Appearance : For the Appellant/s : Mr. Bhanu Pratap Singh, Advocate For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 14-07-2022
As per amendment in section 21 of the Bengal, Agra
and Assam Civil Courts Act, 1887, appeal from a decree or order of Civil Judge Senior Division shall lie to the District Judge where the value of the original suit is less than Rs. 10
Patna High Court MA No.875 of 2017(3) dt.14-07-2022 2/2
lacs. The suit value from which the instant miscellaneous appeal arises is Rs. 3 lacs.
In view of the above, the appeal would lie before the learned District Judge.
Learned counsel for the appellant seeks permission to withdraw the instant appeal with leave to move before the District Judge concerned.
The appeal is disposed of as withdrawn with the aforesaid liberty.
If the appeal is filed before the learned District Judge concerned within four weeks from today, along with a limitation petition, the District Judge shall take into consideration the filing of the appeal within time in this Court and shall decide the limitation petition in accordance with law.
Disposed.
(Partha Sarthy, J)
Spd/-
U
1 issue framed by the court
Whether the present appeal is maintainable before the High Court given the amended jurisdiction rules regarding suits under ten lakhs.
1 provisions across 1 enactments
Geeta Devi and others
Vidyawati Devi and others
Parta Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
